128. Knowledge Spectrum – Discipline Charge Sheet - 44
121. How the Articles of Charge are framed?
For deciding the articles of charge, one must go through the preliminary investigation report and list all the charges that come to his/her mind in the relevant case – such as theft, negligence, non-compliance of departmental instructions, failure to safeguard government property, facilitating theft, etc. Then all those charges must be arranged in the ascending or descending order of seriousness. This must be based on common sense. For example, common sense would tell as that theft, embezzlement are more serious charges than negligence and non-compliance of instructions. After arranging the likely charges in the order of seriousness, one should ask against the most serious charge, "Do we have evidence to establish this charge?" If the answer is negative, move down to the next most serious charges. Similarly, if one starts with the least serious charge, ask the question. "Is it simply this only or something more serious?" If the answer is in the affirmative, move upward to the more serious charge. Through this process of elimination, one may arrive at the appropriate charge.
122. How to make Annexure III and IV?
For filling up Annexures III and IV, go through Annexure – II (Statement of imputations of misconduct or misbehaviour). At each step ask the question, "Is it required to be proved?" If the answer is yes, ask the question "Where is the evidence in support of this?" The evidence might be a part of the preliminary investigation efforts must be made to collect it and include in the Annexure.
After completion of Annexure – III, each item therein must be considered from the angle as to how the document is to be introduced, if the same is disputed by the charged official. Oral witnesses who could introduce the documents should be added in Annexure – IV in addition to those who were already included for establishing facts.
123. What are the precautions to be undertaken while preparing Charge Sheet?
While preparing the charge sheet, it must be ensured that only those documents are referred to and relied upon therein, so that all the listed documents could be made available. Further the availability of all the listed documents must be ensured. In this connection, it is relevant that the Hon'ble Supreme Court had observed in State of Uttar Pradesh & ORS. Vs Saroj Kumar Sinha [(2010) 2 SCC 772] dismissed the appeal by the State holding as under:
"36. The proposition of law that a government employee facing a department enquiry is entitled to all the relevant statement, documents and other materials to enable him to have a reasonable opportunity to defend himself in the department enquiry against the charges is too well established to need any further reiteration."
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39. Taking into consideration the facts and circumstances of this case we have no hesitation in coming to the conclusion that the respondent had been denied a reasonable opportunity to defend himself the inquiry. We, therefore, have no reason to interfere with the judgment of the High Court."
Another important precaution to be undertaken before finalization of charge sheet is that one must go through it carefully following the "Devil's Advocate approach" i.e. purely with the idea of finding faults in the charge sheet. The faults may range from simple clerical inaccuracies, through logical fallacies to utter absurdities. One basic question of prime concern at this stage is: How the charged officer will exploit this? Needless to add, any fault noticed must be rectified.
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